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Drafting Complaints and Summons

Summons and complaints are the documents that are a precursor to a lawsuit. Both documents represent the present conditions of plaintiff and defendant and are required before a lawsuit to proceed.

A civil lawsuit starts when a summon or complaint was filed with any court in UAE. A complaint contains the allegations of the plaintiff against the defendant, as well as the facts and supporting evidence for the allegations. As for a summon, it is a document that provides information regarding where the case will be heard. It also contains the seal and signature of the court and the clerk, and parties that are involved in the case. Complaints and summons have to be filed properly in order for a lawsuit to proceed.

At HHS Lawyers, our legal drafting team knows that there are a number of considerations that have to be taken into account when drafting summons and complaints. For instance, the plaintiff bringing the lawsuit must file a summon or a complaint to start the lawsuit with the document clearly providing the reason for the intention. The summon or complaint is also a way to inform the court and not just the defendant of the substantive basis upon which the lawsuit rests.

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Legal Drafting Services In UAE

Lawyers and legal consultants at HHS Lawyers help to ensure complaints and summons of clients are valid by incorporating the key components, which are as follows:

  • The document complies with the relevant legislation in the country
  • Information that is well-written, concise, and easily readable
  • All the facts mentioned sufficient to support claim(s) and request(s) for damages;

Requests for appropriate type of compensation for damages, depending on the claims that are being asserted.

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What happens if you miss a summon?

If a summon is missed, then you might get a judgment entered against you instantly.

What does filing a complaint mean?

As per legal terms, a complaint is any formal legal document that sets out the facts and reasons that the party filing believes are sufficient to support a claim against the party or parties.

What are mandatory contents of a complaint that is filed to the court?

A complaint has to contain all of the allegations against a party. If applicable, it should also include the laws that were being violated, facts that have led to a dispute, as well as demands that are made by plaintiff in restoring justice.

What happens if a summon is not served?

If you fail in showing up in a criminal court, you could be issued a warrant of arrest. For missing a civil summon, judgment will be entered against the defendant. Take note: a summon from the criminal court is non-negotiable. A defendant can face criminal charges in the event that he or she fails to show up in court during the date notified in the summon.

Is it possible to sue someone without serving papers?

It is illegal to sue without providing notice. Whenever someone is being sued in the United Arab Emirates, summons and complaint have to be provided. If there is proof that the defendant was not served prior to the lawsuit, then the judgment can be set aside.

Is it possible to be served through the phone?

Since a summon or complaint is needed to file a lawsuit, it is not possible to serve someone over the phone. You can’t be served with a complaint or summon by phone, fax, or voicemail unless your legal representative makes an arrangement for doing so. A summon or complaint has to be delivered physically.